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State v. Clarke ( 2019 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 46308
STATE OF IDAHO,                                 )
)   Filed: May 8, 2019
Plaintiff-Respondent,                    )
)   Karel A. Lehrman, Clerk
v.                                              )
)   THIS IS AN UNPUBLISHED
CHAD CURTIS CLARKE,                             )   OPINION AND SHALL NOT
)   BE CITED AS AUTHORITY
Defendant-Appellant.                     )
)
Appeal from the District Court of the Fifth Judicial District, State of Idaho,
Minidoka County. Hon. Jonathan P. Brody, District Judge.
Order denying Idaho Criminal Rule 35 motion, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
General, Boise, for respondent.
________________________________________________
Before HUSKEY Judge; LORELLO, Judge;
and BRAILSFORD, Judge
________________________________________________
PER CURIAM
Chad Curtis Clarke pleaded guilty to possession of methamphetamine.             I.C. § 37-
2732(c)(1). The district court sentenced Clarke to a unified seven-year sentence, with three years
determinate, suspended the sentence and placed Clarke on probation. Twice, Clarke violated his
terms of probation and the district court reinstated Clarke’s probation. Clarke admitted to
violating the terms of the probation a third time, and the district court revoked probation and
ordered execution of the original sentence. Clarke appeals, contending that the district court
abused its discretion in revoking probation.
It is within the trial court’s discretion to revoke probation if any of the terms and
conditions of the probation have been violated. I.C. §§ 19-2603, 20-222; State v. Beckett, 122
    1 Idaho 324
    , 325,
    834 P.2d 326
    , 327 (Ct. App. 1992); State v. Adams,
    115 Idaho 1053
    , 1054,
    772 P.2d 260
    , 261 (Ct. App. 1989); State v. Hass,
    114 Idaho 554
    , 558,
    758 P.2d 713
    , 717 (Ct. App.
1988). In determining whether to revoke probation a court must examine whether the probation
is achieving the goal of rehabilitation and consistent with the protection of society. State v.
Upton,
    127 Idaho 274
    , 275,
    899 P.2d 984
    , 985 (Ct. App. 1995);
    Beckett, 122 Idaho at 325
    , 834
P.2d at 327;
    Hass, 114 Idaho at 558
    , 758 P.2d at 717. The court may, after a probation violation
has been established, order that the suspended sentence be executed or, in the alternative, the
court is authorized under I.C.R. 35 to reduce the sentence.
    Beckett, 122 Idaho at 325
    , 834 P.2d at
327; State v. Marks,
    116 Idaho 976
    , 977,
    783 P.2d 315
    , 316 (Ct. App. 1989). The court may also
order a period of retained jurisdiction. I.C. § 19-2601. A decision to revoke probation will be
disturbed on appeal only upon a showing that the trial court abused its discretion.
    Beckett, 122 Idaho at 325
    , 834 P.2d at 327. In reviewing the propriety of a probation revocation, the focus of
the inquiry is the conduct underlying the trial court’s decision to revoke probation. State v.
Morgan,
    153 Idaho 618
    , 621,
    288 P.3d 835
    , 838 (Ct. App. 2012). Thus, this Court will consider
the elements of the record before the trial court relevant to the revocation of probation issues
which are properly made part of the record on appeal.
    Id. Applying the 
    foregoing standards, and having reviewed the record in this case, we cannot
say that the district court abused its discretion in revoking probation. Therefore, the order
revoking probation and directing execution of Clarke’s previously suspended sentence is
affirmed.
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